ML20206S951

Notice of Violation from Insp on 930930.Violation Noted:On 930519 & Several Previous Occasions in Past Three Years, Licensee Did Not Ensure That Svcs Performed on Devices Possessed Per General License Was IAW Instructions Provided

ML20206S951
Person / Time
Issue date:	10/19/1993
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20206S934	List: ML20206S930 ML20206S951 ML20206S974 ML20206S992 ML20206T003
References
99990001-93-14, SSD, NUDOCS 9902110169
Download: ML20206S951 (2)

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r, APPENDIX A NOTICE OF VIOLATION Appleton Papers, Incorporated Docket No. 99990001 Camp Hill, PennsylvaLia 17011 General License During an NRC inspection conducted on September 30,1993, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and l Pmcedum for NRC Enforcement Actions," 10 CPR Part 2, Appendix C, the violations are i listed below:

A. 10 CFR 31.5(c)(3) requires that any person who acquires, receives, possesses, uses or transfers byproduct material in a device pursuant to a general license shall assure that tests for leakage of radioactive material and proper operation of the on-off mechanism and indicator, if any, and other testing, installation, servicing, and removal from i l installation involving the mdioactive material, its shielding or containment, are ,

! performed: (i) in accordance with the instructions provided by the labels; or (ii) by a j l person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an l Agreement State to perform such activities. The instructions on the label state in  !

i part, "... Removal of the radioactive material, the shielding or the containment of the i l radioactive material shall only be performed by persons specifically licensed by the l

NRC or an Agreement State."

Contrary to the above, on May 19,1993, and on several previous occasions in the l past three years, the licensee did not ensure that services performed on a device possessed pursuant to a general license was performed in accordance with the l instructions provided on the labels or by a person holding a specific license pursuant i to 10 CFR Parts 30 and 32 or from an Agreement State to perform such activities.

!' Specifically, the source housing was removed, in order to facilitate the replacement of L a mylar window from the licensee's Lippke System, Model MV-PM gauge, containing promethium-147. On May 19,1993, the removal of the source housing was performed by Appleton personnel. During the other previous occasions, the

, . removal of the source housing was performed by either Appleton or Lippke Corporation personnel. Neither the Appleton nor the Lippke Corporation personnel were trained or quahfied to perform such activities.

This is a Severity level IV violation (Supplement VI).

B. 10 CFR 31.5(c)(2) requires, with certain exceptions, that any person who acquires, receives, possesses, uses or transfers byproduct material in a device pursuant to a general license shall assure that the device is tested for leakage of radioactive material and proper operation of the on-off mechanism and indicator, if any, at no longer than six month intervals or at such other intervals as are specified in the label.

9902110169 931019 RETURN ORIGINAL TO PDR SSD RC

• ppR OFFICIAL RECORD COPY REGION I M r

.a g Appleton Papers, Inc. 2 Contrary to the above, as of September 30,1993, the licensee possessed devices pursuant to a general license and did not ensure that the devices were tested for leakage of radioactive material at no longer than six month intervals or at such intervals specified on the label. Specifically, the licensee's Lippke System, Model MV-PM gauges containmg 100 millicuries of promethium-147 each were not tested for leakage beween 1991 when the system began egi Gug and September 28,1993, an interval greater than the required six month interval specified on the label, and the device was not subject to the specified exemptions. Also the licensee's Kay-Ray Model 7062P gauge containing 100 millicuries of cesium-137 was not tested for leakage between 1979 and 1984, and between 1987 and 1991, intervals greater than the required three year interval specified on the label.

This is a Severity I.evel IV violation (Supplement VI).

C. 10 CFR 31.5(c)(1) requires that any person who acquires, receives, possesses, uses or transfers byproduct material in a device pursuant to a general license shall assure that all labels affixed to the device at the time of receipt and bearing a statement that removal of the label is prohibited are maintained thereon and shall comply with all instructions and precautions provided by such labels.

Contrary to the above, as of September 30,1993, the licensee did not comply with all instructions and precautions provided by the label affixed to Kay-Ray Model 7062P gauge containing 100 millicuries of cesium-137. Specifically, although the label was affixed to the device at the time of receipt and bore statements that removal of the label is prohibited and that the label shall be maintained on the device in a legible condition, the licensee did not maintain the label in a legible condition.

This is a Severity level V violation (Supplement V1).

Pursuant to the provisions of 10 CFR 2.201, Appleton Papers, Incorporated is hereby required to submit a written statement or explanation to this office within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Where good cause is shown, consideration will be given to extending the response time. ,

OFFICIAL RECORD COPY

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• REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)

ACCESSION NBR:9311080031 DOC.DATE: 93/10/19 NOTARIZED: NO DOCKET #

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FACIL:

AUTH.NAME AUTHOR AFFILIATION PASCIAK,W.J. Region 1 (Post 820201) l RECIP.NAME RECIPIENT AFFILIATION HULTGREN,D. Appleton Papers, Inc.

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SUBJECT:

Discusses special safety insp 93-14 of general license 99990001 on 930930. Violations noted. Expresses concern that 1 i mgt did not stop work after issue was brought to their attention. D DISTRIBUTION CODE: IE07D COPIES RECEIVED:LTR ENCL h SIZE:

TITLE: Environ & Radiological (30,40,70 DKT)-Insp Rept7 Notice of Viol Respo

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NOTE TO ALL

• RIDS

• RECIPIENTS:

PLEASE HELP US TO REDUCE WASTE! CONTACT THE DOCUMENT CONTROL DESK.

ROOM PI-37 (EXT. 50t-2065) TO ELIMINATE YOUR NAME FROM DISTRIBUTION L:STS FOR DOCUMENTS YOU DON'T NEED!

TOTAL NUMBER OF COPIES REQUIRED: LTTR  % ENCL lo